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HIGH COURT OF CALCUTTA
Debasish Kar Gupta, J.
M/s. Tetulia Coke Plant (P) Ltd. & Ors. – Petitioners
Versus
P. S. Bhattacharya – Respondent
CONSTITUTIONAL WRIT JURISDICTION
Decided On: August 23, 2012
CONTEMPT OF COURTS ACT, 1971 - WILFUL DISOBEDIENCE - REFUND OF EXCESS COAL PRICE - INTERPRETATION OF JUDGMENTS - APPLICABILITY OF MERGER DOCTRINE - EASTERN COAL FIELDS LTD. V. TETULIA COKE PLANT (P) LTD.
Fact of the Case:
Eastern Coal Fields Ltd. failed to refund the excess coal price paid by the petitioner companies under the "e" Auction Scheme, as directed by the High Court judgment in 2010. The petitioners filed a contempt petition alleging wilful disobedience of the judgment.
Finding of the Court:
The Court held that the doctrine of merger applied, as the Division Bench of the High Court had dismissed the appeal against the 2010 judgment on merit, and the Supreme Court had also disposed of the Special Leave Petition on merit with a slight modification. The Court found that the judgment delivered in the writ application was extinguished due to the merger doctrine.
Issues: 1. Whether the doctrine of merger applied to the case, considering the subsequent judgments of the Division Bench and the Supreme Court. 2. Whether the alleged contemnors wilfully disobeyed the directions issued in the 2010 judgment by not refunding the excess coal price.
Ratio Decidendi: 1. The doctrine of merger is not a doctrine of universal or unlimited application. Its applicability depends on the nature of jurisdiction exercised by the superior forum and the content or subject-matter of the challenge laid or capable of being laid. 2. Where the superior jurisdiction, i.e., the Supreme Court, was capable of reversing, modifying, or affirming the order put in issue before it under Article 136 of the Constitution of India, the doctrine of merger would apply.
Final Decision: The contempt rule was discharged, and the contempt application was dismissed. The Court clarified that this would not prevent the petitioner companies from initiating appropriate proceedings before the appropriate forum in accordance with law.
This is a rule issued under Contempt of Courts Act, 1971 for alleged wilful disobedience of the Judgment dated March 25, 2010 passed in the matter of M/s. Tetulia Coke Plant (P) Ltd. (in re: W.P. No. 1279 of 2005).
2. By virtue of the aforesaid Judgment the Eastern Coal Field Ltd. was directed to refund the price of the coal paid in excess of notified price under "e" Auction Scheme. The operative portion of the above judgment are quoted below:-
"It may be pointed out that by virtue of the order dated August 8, 2005 passed in this writ application, the applicants/writ petitioners paid the price of the coal to the respondent No.4 under the 'e' Auction Scheme in excess of the notified price of the same. Therefore, the applicants are entitled to get the consequential relief of getting refund of the aforesaid amounts.
It is true that this Court in course of judicial review cannot settle any disputed claim but at the same time the consequential relief of refunding back the aforesaid amount may be granted to the applicants following measures adopted by the Hon'ble Supreme Court for granting consequential relief to the writ petitioners who were before the Hon'ble Supreme Court.
With the above discussions and observations, I direct the respondent No.4 to refund the price of the coal paid in excess of the notified price under 'e' Auction Scheme in the following manner:
(1) The petitioner shall furnish all documents to the learned Advocate-on-Record of the respondent No.4 showing actual payments made by the respective applicants/petitioners to the respondent No.4 during the period from May, 2005 to December, 2006 and the difference between the amount paid and the amount notified by April 30, 2010.
(2) The documents furnished by the applicants/petitioners shall be verified by the concerned officers of the respondent No.4 within 4 weeks thereafter.
(3) In case of any difference, the learned Advocate-on-Record would deliberate upon the matter so as to enable them to come out with accepted solution.
With the above observations and directions, this writ application and the application bearing G.A. No. 1370 of 2008 are disposed of.
There will, however; be no order as to costs.
After delivery of this judgment, a prayer is made on behalf of the respondent No.4 for staying operation of this judgment and the same is opposed by the learned Counsel appearing for the petitioners. The above prayer is rejected.
Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance of all requisite formalities.
(DEBASISH KAR GUPTA, J.)
3. An appeal arising out of the aforesaid judgment in the matter of Eastern, Coal Fields Ltd. v. M/s. Tetulia Coke Plant (P) Ltd. and Ors. (in re: A.P.O. No.226 of 2010) was dismissed by a Division Bench of this High Court with the following orders:-
"After considering the facts of this case, we do not find that there is any illegality and irregularity in the order so passed by the Hon'ble First Court. Accordingly, we do not find any reason to interfere with the order so passed by the Hon'ble First' Court.
We also find that Mafatlal case cannot be a help to the appellants. On the contrary, we find that appellant has collected the excess amount from the writ petitioner and the said amounts were collected on the basis of the price held at e-auction which has been set aside by the Hon'ble Supreme Court. Hence, the grounds tried to be taken by the appellant cannot be accepted by us.
Accordingly, we find that arguments made by Ms. Vineeta Meharia, learned Advocate on behalf of the respondents has much force and accepted by us.
Hence, we dismiss this appeal.
Urgent xerox certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(PINAKI CHANDRA GHOSE, J.)
I agree.
(ASIM KUMAR RAY, J.)
LATER:
Stay asked for is refused.
(PINAKI CHANDRA GHOSE, J.)"
4. The Eastern Coal Fields Ltd., filed special leave petiti
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